FAQs

Question: Will there be any meetings with the presiding officer before the hearing?

Answer:

In some cases the hearing officer will schedule a prehearing conference before
the hearing.  The prehearing conferences are typically telephonic and may be set to
discuss items such as scheduling, narrowing the issues in dispute, and discussing the


Question: What if I am unable to attend a hearing?

Answer:

If you have a good reason for not being able to attend a scheduled hearing, you
must immediately file a written request asking the presiding officer to continue the hearing
to another date. You will need to state the specific reasons for the continuance. Iowa


Question: Can my witness testify at the hearing over the telephone?

Answer:

Most presiding officers will allow a witness to testify over the telephone at the
hearing even if the hearing is held in-person. You need to inform the presiding officer


Question: What if a witness refuses to attend the hearing?

Answer:

You are entitled to have witnesses attend the hearing, either in person or by
telephone, who know about facts that would help your case. If necessary, you can file a
written request for the presiding officer to issue a subpoena to order the witness to attend.


Question: What if my witness does not show up to the hearing?

Answer:

If your witness does not show up, you can ask the presiding officer to continue the
hearing to another day. Or you could ask the hearing officer to “hold the record open” to
allow the witness to testify at a later date. It is up to the hearing officer whether a


Question: Can I find out in advance what witnesses and documents will be offered against me?

Answer:

Yes. You can find out what evidence will be presented at the hearing in several
different ways.  You may simply ask the opposing party for copies of any records that are
relevant to the facts in your case. Another method is to use “discovery.”  Discovery can be


Question: Will I be allowed to ask questions of the witnesses for the other side?

Answer:

Yes, you are permitted to ask questions of the opposing witnesses who testify
against you.  Similarly, the opposing party will be permitted to ask questions of witnesses


Question: Will the hearing be recorded?

Answer:

Yes, the hearing must be recorded by use of a voice recorder or by use of a court
reporter. By rule, prohibited practice complaint (PPC) hearings will be recorded by a court
reporter and the agency will arrange for a court reporter to report the hearing. The cost of


Question: After the hearing is over, how will I find out what has been decided?

Answer:

You will receive a written decision electronically through e-Flex that states the facts
about the case, application of the law, and the proposed decision of the presiding officer.
The agency decision can be stated verbally by the decision maker at the conclusion of the


Question: Do I have any appeal rights if I do not agree with the decision?

Answer:

Yes. If your complaint was initially heard by an Administrative Law Judge (ALJ), you have
the right to appeal the ALJ’s “proposed decision and order” to the agency Board. A written
notice of appeal to the Board must be filed within 20 days from when the ALJ issued the


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